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From DearEsq.com The Answers You Want to the Legal Questions You Have http://www.dearesq.com Lessons
There are many things which are mandatory in family law, with little room for variance. It is important to recognize these things, as fighting them will only frustrate you, and make the Court unhappy with you. Once you recognize those things which you can't change, you can refocus your energies on those things which you can do something about! As always, laws vary from state to state, and you should check with your attorney for the particulars in your jurisdiction. Attorneys’ Fees: In the majority of states the law specifically authorizes the Court to order one party to pay another's attorneys fees. The two factors most often considered, in order of emphasis, are 1) who earns more money, and 2) which party, if any, has brought the case before the Court unreasonably. In many such states it is extremely common for a father to be ordered to pay at least part of the mother's attorneys fees, particularly if he earns more than she does, unless she has been extremely unreasonable, while he has been very reasonable, and has attempted to negotiate the issues in good faith. This is another reason to do everything you can to work things out cooperatively with your ex! Wage Assignments: It is now the law in most states that a wage assignment (garnishment) for support will be ordered by the Court in every child support case. However, in some states the parents may agree that the court order will not actually be served on the paying parent's employer, and thus will not take effect, so long as that parent remains current with the support payments. Child Support and "Add-Ons": In most states child support is considered to cover just the basics: food, shelter, clothing, etc.. The custodial parent is not, and will not be, made to account for how the payments are spent. In addition, the Court can, and often does, include several types of "add-ons". The most typical add-ons include the cost of child care, health insurance, and uninsured medical expenses. Where the custodial parent is working, often the costs of child care and uninsured medical expenses are split between the parents. Taxes: Current Federal law is such that whomever has primary physical custody gets the tax deductions for the children. Period. It doesn't matter how much support is contributed to the cost of raising the children. However, the custodial parent may, on a yearly basis, sign one or more of the deductions over to the non-custodial parent. Some courts have also started ordering the custodial parent to sign the deductions over to the non-custodial parent every other year or, where there is more than one child, to allow the non-custodial parent to take the deduction for one child each year. By letting go of the things which you cannot change in the family law system, fair or not, you can focus your energies and resources on those things about which you can do something! In a hurry? Buy all the course material up front in a single, easy-to-ready ebook format for only $15.00, and download it now! Buy Now Recommended reading (click on the picture for more information):
[You are reading a lesson in the free online DadsRights.org lesson series,
Surviving Divorce. For the full series, free, sign up at SurviveDivorce@aweber.com]
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